Dace v. TD Bank/Target ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 LUBA DACE, et al., ) 4 ) Plaintiffs, ) Case No.: 2:23-cv-01806-GMN-DJA 5 vs. ) 6 ) ORDER ADOPTING REPORT & TD Bank/Target, ) RECOMMENDATION 7 ) Defendants. ) 8 ) ) 9 10 Pending before the Court is the Report and Recommendation (“R&R”), (ECF No. 13), 11 of United States Magistrate Judge Albregts, which recommends granting Defendant TD 12 Bank/Target’s Motion to Dismiss, (ECF No. 6), and giving Plaintiffs Luba Dace and Philip 13 Dace leave to amend their Complaint, (ECF No. 1-1). 14 A party may file specific written objections to the findings and recommendations of a 15 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 16 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 17 determination of those portions to which objections are made. D. Nev. R. IB 3-2(b). The Court 18 may accept, reject, or modify, in whole or in part, the findings or recommendations made by 19 the Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. R. IB 3-2(b). Where a party fails to 20 object, however, the Court is not required to conduct “any review at all . . . of any issue that is 21 not the subject of an objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985) (citing 28 U.S.C. 22 § 636(b)(1)). Indeed, the Ninth Circuit has recognized that a district court is not required to 23 review a magistrate judge’s R&R where no objections have been filed. See, e.g., United States 24 v. Reyna–Tapia, 328 F.3d 1114, 1122 (9th Cir. 2003). 25 Here, no objections were filed, and the deadline to do so has passed. (See R&R, ECF 1 || No. 13) (setting an April 24, 2024, deadline for objections). 2 Accordingly, 3 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 13), is 4 |} ACCEPTED and ADOPTED in full. 5 IT IS FURTHER ORDERED that TD Bank/Target’s Motion to Dismiss, (ECF No. 6), 6 GRANTED. Plaintiffs shall have twenty-one (21) days from the date of this Order to file an 7 ||amended complaint. Any amended complaint should remedy the deficiencies identified in the 8 || Magistrate Judge’s Report and Recommendation. Failure to file an amended complaint by this 9 || date shall result in the Court dismissing this case with prejudice. 10 Dated this 7° day of April, 2024. 11 4 Yj, Gloria Navarro, District Judge 13 Uni i tates District Court 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2